Intellectual
Property – TRIPS Agreement
The
Ministerial Declaration the 4th World Trade
Organisation Ministerial Conference in Doha directed the
TRIPS Council to complete negotiations concerning geographical
indications by the next session of the Ministerial Conference.
The declaration also instructed the Council to be guided
by the principles and objectives of the Agreement and
to take account of the development dimension in pursuing
its work programme. This programme includes examination
of the relationship between the TRIPS Agreement and the
Convention on Biological Diversity and the protection
of traditional knowledge and folklore.
A
decision on implementation related issues and concerns
directed the TRIPS Council to continue examining the scope
and modalities of so-called non-violation complaints.
In the meantime it was agreed that Members would not initiate
such complaints. The decision also instructed the TRIPS
Council to put in place a mechanism to monitor implementation
of obligations relating to technology transfer to least
developed country members.
Ministers
agreed a separate declaration on TRIPS and public health.
Background
Intellectual
property includes copyright, trade marks and patents.
A strong system for protecting these measures is key to
encouraging innovation and technology transfer in developed
and developing countries alike. Confidence to bring forward
new products and export them will be enhanced by such
a system on a worldwide basis and local firms across the
world will have greater opportunity to license technology.
The
World Trade Organisation's (WTO) Trade
Related aspects of Intellectual Property Rights (TRIPS)
Agreement was one of the major achievements of the
Uruguay Round which also created the WTO. It sets out
minimum standards of intellectual property protection
that WTO Members must provide. However, its most significant
effects are just beginning to be felt as developing countries
had until 2000 to implement the agreement and least developed
countries still have until 2006. Full implementation of
the current Agreement is therefore a key objective of
the UK Government and we shall be working closely with
all WTO Members to work through any obstacles to this
implementation. The TRIPS Council is the body, made up
of all WTO Members, whose task it is to monitor the operation
of the TRIPS Agreement.
Issues
relating to intellectual property are handled by the DTI's
Patent Office.
There are two directorates within the Patent Office that
develop and carry out UK policy on all aspects of intellectual
property (IP):
The
Intellectual
Property Policy Directorate (IPPD) deals with patents,
trade marks, designs and geographical indications of origin
and co-ordinates on issues affecting both copyright and
industrial property matters.
For
further information contact:
contact: Julyan Elbro
Tel: +44 (0) 01633 813722
Fax: +44 (0) 01633814922
Email: julyan.elbro@patent.gsi.gov.uk
The
Copyright
Directorate deals with policy on copyright and related
rights and provides the Secretariat for the Copyright
Tribunal, which settles disputes over copyright licenses
in the UK.
For
further information contact:
Teresa
Arnesen
Tel: 020 7596 6566
Fax: 020 7596 6526/7
E-mail: copyright@patent.gov.uk
Last
revised on Friday 8 December 2000.
Intellectual
Property – TRIPS and Access to Medicines
At
the 4th World Trade Organisation Ministerial
Conference in Doha Ministers agreed on a declaration concerning
the TRIPS Agreement and public health. This recognised
that TRIPS allows WTO Members to take measures to protect
public health. Whilst preserving the necessary incentives
for pharmaceutical companies to develop new drugs for
the future, the Conference recognised that TRIPS allows
WTO Members to use their pharmaceutical manufacturing
capacity to promote access to essential medicines in their
countries during public health crises. The Declaration
recognised that WTO Members with insufficient or no manufacturing
capacity in the pharmaceutical sector could face difficulties
in making effective use of compulsory licencing under
the TRIPS Agreement. Ministers instructed the TRIPS Council
to find a solution to this potential problem by the end
of 2002.
Background
Intellectual
property includes copyright, trade marks and patents.
A strong system for protecting these measures is key to
encouraging innovation and technology transfer in developed
and developing countries alike. Confidence to bring forward
new products and export them will be enhanced by such
a system on a worldwide basis and local firms across the
world will have greater opportunity to license technology.
The
World Trade Organisation's (WTO) Trade
Related aspects of Intellectual Property Rights (TRIPS)
Agreement was one of the major achievements of the
Uruguay Round which also created the WTO. It sets out
minimum standards of intellectual property protection
that WTO Members must provide. However, its most significant
effects are just beginning to be felt as developing countries
had until 2000 to implement the agreement and least developed
countries still have until 2006. Full implementation of
the current Agreement is therefore a key objective of
the UK Government and we shall be working closely with
all WTO Members to work through any obstacles to this
implementation. The
TRIPS Council is the body, made up of all WTO Members,
whose task it is to monitor the operation of the TRIPS
Agreement.
Issues
relating to intellectual property are handled by the DTI's
Patent Office,
whose Intellectual
Property Policy Directorate (IPPD) deals with patents,
trade marks, designs and geographical indications of origin
and co-ordinates on issues affecting both copyright and
industrial property matters.
contact:
Andrew Jenner
Tel: +44 (0) 01633 813736
Fax: +44 (0) 01633814922
Email: julyan.elbro@patent.gsi.gov.uk
